Sonu Kumar @ Shiba v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.5854 of 2025 Arising Out of PS. Case No.-99 Year-2024 Thana- NOORSARAI District- Nalanda ====================================================== Sonu Kumar @ Shiba S/O Manoj Paswan R/O Vill.- Barara, P.s- Noorsarai, Dist- Nalanda ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Raj Kishor Prasad, Adv.
For the Opposite Party/s :
Mr.Raj Ballabh Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH MISHRA ORAL ORDER 12-02-2025 Heard learned counsel for the petitioner and learned APP for the State.
2. The petitioner seeks bail in connection with S. Tr. No. 657 of 2024 arising out of Noorsarai P.S. Case No. 99 of 2024 instituted for the offences under Sections 393, 307 of the Indian Penal Code.
3. As per prosecution case, the allegation has been made against three unknown persons of attempting to snatch laptop and Rs. 2 lakh from the Informant. It is alleged that when they failed, they attacked on the Informant by means of butt of the pistol due to which the Informant sustained cut injuries over his forehead and, thereafter, the miscreants fled away from there while firing from the pistol.
Patna High Court CR. MISC. No.5854 of 2025(2) dt.12-02-2025 2/3
4. Learned counsel for the petitioner submits that the petitioner is innocent and has committed no offence as alleged against him and has falsely been implicated in the present case only on the basis of suspicion as well as criminal antecedents of the petitioner. The petitioner is not named in the F.I.R. He further submits that nothing incriminating has been recovered from the conscious possession of the petitioner. There is no direct or specific allegation of any overt act against the petitioner rather the same is general and omnibus in nature. The petitioner has no concern with the alleged occurrence. The injury sustained by the Informant is simple in nature. No TIP has been conducted by the police. There is neither any eyewitness to the alleged occurrence nor there is any independent witness who has supported the version of the Informant. The petitioner has three criminal antecedents and has been remanded in this case from Harnaut P.S. Case No. 154 of 2024 on 05.04.2024 and, is in judicial custody since 04.05.2024. Chargesheet has been submitted in this case.
5. On the other hand, learned A.P.P. for the State has vehemently opposed the prayer for grant of bail to the petitioner, stating that the offence alleged against the petitioner is serious in nature.
Patna High Court CR. MISC. No.5854 of 2025(2) dt.12-02-2025 3/3
6. Having heard rival contention of both the parties and considering the entire facts and circumstances of the case as also taking into account the period of custody of the petitioner, let the petitioner, abovenamed, be released on bail, after framing of charge if not already framed, on furnishing bail bonds of Rs.10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of Court below/concerned Court in connection with S. Tr. No. 657 of 2024 arising out of Noorsarai P.S. Case No. 99 of 2024, subject to the following conditions;
(i) One of the bailor(s) shall be the own/close family members of the petitioner.
(ii) The petitioner shall cooperate in the trial and shall be properly represented on each and every date fixed by the court and shall remain physically present as directed by the Court and in the event of failure on two consecutive dates without sufficient reasons, his bail bond shall be liable to be cancelled by the court below.
(Rudra Prakash Mishra, J) rishi/- U T